23 Pa.C.S. § 6338.1 Expunction of Information of Perpetrator Who Was Under 18 Years of Age When Child Abuse Was Committed

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-66
• Year: 2023
• Citation: 23 Pa.C.S. § 6338.1

(a) General rule.--The name of a perpetrator who is the subject of an indicated report of child abuse and who was under 18 years of age when the individual committed child abuse shall be expunged from the Statewide [central register] database when the individual reaches 21 years of age or when five years have elapsed since the perpetrator's name was added to the [central register] database, whichever is later, if the individual meets all of the following:

(1) The individual has not been named as a perpetrator in any subsequent [founded or] indicated report of child abuse and is not named as an alleged perpetrator in a child abuse report [in the] pending [complaint file] investigation.

(2) The individual has never been convicted or adjudicated delinquent following a determination by the court that the individual committed an offense under section 6344 (relating to [information relating to prospective child-care personnel] employees having contact with children; adoptive and foster parents), and no proceeding is pending seeking such conviction or adjudication.

(3) The child abuse which resulted in the inclusion of the perpetrator's name in the [central register] database did not involve the use of a deadly weapon, as defined under 18 Pa.C.S.

(b) Mandated expunction.--If the perpetrator meets all of the requirements under subsection (a), the expunction shall be mandated and guaranteed by the department.

(c) Nonapplicability.--The provisions of this section shall not apply to any of the following cases:

(1) A perpetrator who is the subject of a founded report of child abuse.